PART III.
34. All expenses incurred by the Board in consequence of any default in complying with any Order or Notice issued under the provisions of this Ordinance shall be deemed to be money paid for the use, and at the requirement of the person on whom the said Order or Notice was made, and shall be recoverable from the said person in the ordinary course of law at the suit of the Secretary to the Board duly authorised by the said Board.
When the expenses incurred as aforesaid shall not exceed Twenty-five dollars, the sum shall without further formality be recoverable from the said person by warrant under the hand of the President or Vice-President of the Board, specifying the amount of such expense and for the purpose for which it was incurred. Every such warrant may be executed by seizure and sale of the property, real or personal, belonging to the said person.
35. Whoever assaults, obstructs, molests, or hinders any Member or Officer of the Board in the execution of the duties or exercise of the powers imposed or conferred upon him by this Ordinance, shall be guilty of an offence, and on conviction thereof shall be liable to a penalty not exceeding Two Hundred dollars or to imprisonment not exceeding three months.
36. Every Notice issued by the Board shall be in the form contained in Schedule A to this Ordinance.
37. Every such Notice or Order may be served by any Officer or Servant of the Board by delivering the same to or at the residence of the person to whom it is addressed, and when addressed to the owner of any premises it may be, if such owner cannot be found, be served by delivering the same to some person upon the premises, or if there be no person upon premises who can be so served, by affixing the same to some conspicuous part of the premises.
38. Any person giving false evidence on oath or solemn affirmation in any enquiry held by the Board relative to the petition for the review of any Notice or Order issued by the said Board shall be guilty of an offence and shall in all respects be liable on conviction thereof before a competent Court, to the penalties provided by law against perjury.
39. Any person upon whom there shall be served any Notice issued by the Board under the provisions of this Ordinance and who shall fail within the time specified in such Notice to comply therewith, shall be guilty of an offence, and shall be liable to a penalty not exceeding Five Dollars for every day during which such non-compliance shall continue.
40. Any person in whose possession there shall be found any food liable to seizure under this Ordinance shall be deemed to be guilty of an offence and shall on conviction thereof be liable to a penalty not exceeding One Hundred dollars or to imprisonment not exceeding three months.
41. Any person who shall contravene any provision of this Ordinance for which no special penalty is provided shall be guilty of an offence and liable on conviction thereof to a penalty not exceeding Fifty dollars.
42. All penalties imposed by this Ordinance or by any Bye-Laws thereunder may be recovered on complaint at the instance of the Board by the Secretary to the said Board made to a Magistrate.
43. Where proceedings under this Ordinance are competent against several persons in respect of the joint act or default of such persons, it shall be sufficient to proceed against one or more of them without proceeding against the other or others of them.
SCHEDULE A.
NOTICE is hereby given to you on behalf of the Municipal Board of Health of Hongkong that the Nuisance here specified is found to exist in your premises No. ... and that you are therefore hereby required within a delay of ... from the date of service upon you of the present Notice to abate such Nuisance in the manner hereunder set forth, failing which you will be liable to a fine of Five dollars for every day during which such Nuisance shall continue unabated.
By Order of the Municipal Board of Health,
Secretary.